by Sal Gutmann
An individual who suffers a personal injury that occurs due to another person or entity’s negligence, carelessness or deliberate action can legally seek compensation for the physical trauma, mental suffering and medical expenses they had to experience as a result of the injury. If a loved one suffered wrongful death due to someone else’s negligence, you can file for compensation on their behalf.
Anyone who suffered an injury caused by another person’s action or inaction is eligible to file a lawsuit for claiming their due compensation. Filing a claim in the court of law helps in fixing accountability and helps you cover the cost of lost work, medical bills and repairs.
Check out 5 questions frequently faced by personal injury lawyers that will familiarize you with the process.
I suffered an injury due to other person’s fault. How much compensation can I claim?
As long as you were not responsible for the accident that caused the injury, you’re legally eligible to file a claim. The amount of compensation in a personal injury claim depends on a number of factors. While financial damages such as hospital bills and vehicle/property repair costs can be calculated easily, the value of non-monetary damage (such as emotional distress or pain) can only be assessed by a qualified attorney experienced in personal injury lawsuits.
The value of noneconomic damage is derived on the basis of documentation and evidence supporting your claim. Hire an experienced lawyer who will make sure that you receive maximum compensation for your suffering, both economic and noneconomic.
What is considered the best evidence in a personal injury claim?
Aside from bank statements, invoices and credit card statements, medical reports are extremely important as evidence in such cases. Therefore, it is crucial for a victim to see a doctor immediately after an accident, even if there are no visible injuries. The doctor will check for and record any internal injuries that may cause trouble later.
It is important to note that doctors treating a personal injury resulting from an accident will often not charge the patient at the time of treatment. They offer treatment on “lien,” which means they will bill once the victim receives compensation.
Why should I hire a personal injury lawyer?
Hiring an experienced personal injury lawyer is important to ensure that you receive the rightful and maximum compensation for the physical and emotional suffering you endure due to someone else’s negligence or recklessness.
An attorney will examine your case, collect supporting evidence and do their best to help you get the payout you deserve. Also, they will have the know-how to determine if you should settle or go to trial. If you are receiving fair compensation, there is no harm in opting for settlement. A trial at court is an emotionally and financially taxing process and may take several months, which is why many injury victims prefer to settle out of court.
When is the right time to file a personal injury claim?
The time limit to file personal injury and wrongful death claims varies from state to state. After the set period elapses, you may not be eligible to file for compensation. In California, for instance, a personal injury victim can file a claim within two years of the accident or injury-causing event. Post that, the victim loses the right to claim damages.
This further necessitates the need to contact an experienced injury lawyer soon after the accident, in order to start the process as early as possible.
To ensure your best interests, work with a trusted and reputable personal injury attorney such as Injury Lawyer Marie Napoli, who has a remarkable track record of helping her clients gain fair and just payouts in injury claims.
What is the meaning of negligence in the context of personal injury?
In the context of personal injury, negligence is defined as the action, behavior, or lack of action that could have protected others from harm.
Personal injury law is based on a fundamental principle: every individual has a certain level of duty toward caring for other people. This means that every person will take necessary precautions and measures in ensuring that others don’t suffer injury or harm because of his or her conduct.
The level of care and precaution expected of a person depends on the situation and the relationship between the injured and the accused. Negligence is said to have occurred when a person has failed to take reasonable measures to protect others, resulting in injury.